[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 76999-77000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21897]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Notice of Intent To Prepare a Draft Environmental Impact 
Statement/Environmental Impact Report for a Permit Application for the 
Proposed San Pedro Waterfront Project at the Port of Los Angeles, in 
Los Angeles County, California

AGENCY: U.S. Army Corps of Engineers, Los Angeles District, DoD.

ACTION: Notice of Intent (NOI).

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is considering an 
application for Section 404 of the Clean Water Act and Section 10 of 
the Rivers and Harbors Act permits authorizing dredge and fill 
activities to create three new harbors (North Harbor, Downtown Harbor, 
and 7th Street Harbor) along the San Pedro Waterfront, construct pile-
supported structures to provide additional areas for land-side use, and 
construct a waterfront promenade and Outer Harbor cruise ship terminal. 
The reason for the new NOI is the scope of the previous project, titled 
From Bridge to Breakwater San Pedro Waterfront and Promenade, was 
reduced, a new permit application was submitted, and the proposed 
project has been modified to focus on infrastructure improvements, 
cruise program expansion, and to increase public access to the 
waterfront.
    The primary Federal concern is the dredging and discharging of fill 
material within waters of the United States and potential significant 
impacts resulting from such dredging and discharges to the environment. 
Therefore, in accordance with the National Environmental Policy Act 
(NEPA), the Corps is requiring the preparation of an Environmental 
Impact Statement (EIS) prior to consideration of any permit action. The 
Corps may ultimately make a determination to permit or deny the above 
project, or permit or deny modified versions of the above project.
    Pursuant to the California Environmental Quality Act (CEQA), the 
Port of Los Angeles will serve as Lead Agency in preparing an 
Environmental Impact Report (EIR) for its consideration of development 
approvals within its jurisdiction. The Corps and the Port of Los 
Angeles have agreed to jointly prepare a Draft EIS/EIR in order to 
optimize efficiency and avoid duplication. The Draft EIS/EIR is 
intended to be sufficient in scope to address the Federal, state, and 
local requirements and environmental issues concerning the proposed 
activities and permit approvals.

FOR FURTHER INFORMATION CONTACT: Comments and questions regarding 
scoping of the Draft EIS/EIR may be addressed to: U.S. Army Corps of 
Engineers, Los Angeles District, Regulatory Branch, ATTN: File Number 
2005-01271-SDM, P.O. Box 532711, Los Angeles, California 90053-2325, or 
[email protected]. Comments or questions can also be 
sent to Jan Green Rebstock, Port of Los Angeles, Environmental 
Management Division, 425 S. Palos Verdes St., San Pedro, CA 90731, or 
[email protected]. Dr. Spencer D. MacNeil can be reached at 805-
585-2149, and Jan Green Rebstock can be reached at 310-732-3949.

SUPPLEMENTARY INFORMATION: 1. Project Site: The proposed project is 
located in the southern end of the City of Los Angeles along the west 
side of the Port of Los Angeles' Main Channel, from the Vincent Thomas 
Bridge to Berths 49-50. The proposed dredge activities would take place 
at Berths 87-89, 86, and the foot of 7th Street. In addition, the 
proposed construction of a waterfront promenade would affect mudflat at 
Berth 78; impacts to this mudflat would be mitigated.
    2. Proposed Action: The project applicant, the Port of Los Angeles, 
proposes to perform modifications to the existing shorefront, including 
water cutouts of approximately 9.21 acres to increase the net water 
area (up to 4.98 acres) to provide for a variety of waterfront uses, 
including berthing for visiting tall ships, leisure craft, tugboats, 
and other recreational, commercial, and port-related uses, without 
impeding the public's right to free navigation; and utilize and 
increase the value of deep water in the Outer Harbor and Main Channel 
to accommodate existing and projected growth in the cruise ship 
industry. Specifically, the proposed action includes approximately 
463,000 square feet (sf) and 808,000 cubic yards (cy) of excavation and 
dredging (of which approximately 401,000 sf and 605,000 cy of new water 
area and volume will be added below the mean high tide line), with 
approximately 70,000 sf of rock slope protection. The project would 
also involve installation of 618 new piles and 910 linear feet of sheet 
pile bulkheads, and construction of approximately 211,000 square feet 
of new wharf structures, decks, piers, and floating docks. 
Additionally, the project would remove or demolish approximately 990 
linear feet of existing retention dikes (or bulkheads) and 
approximately 96,800 square feet (2.22 acres) of wharf structures, 
decks, piers, and docks. In total, the proposed action would create or 
uncover approximately 497,800 sf (11.43 acres) of open water, and cover 
approximately 281,000 sf (6.45 acres) of existing water, for a net 
increase of approximately 216,800 sf (4.98 acres) of open water area 
within the harbor.
    Due to the creation of the new harbors, the project is anticipated 
to create a total of approximately 808,000 cubic yards of dredge 
material. Disposal of clean dredge material is planned for LA-2 or LA-3 
offshore disposal, with upland disposal of contaminated sediments. 
Ocean disposal would also require authorization pursuant to Section 103 
of the Marine Protection, Research, and Sanctuaries Act. Should other 
approved in-harbor disposal sites become available, they will also be 
considered.
    3. Issues: There are several potential environmental issues that 
will be addressed in the Draft EIS/EIR. Additional issues may be 
identified during the scoping process. Issues initially identified as 
potentially significant include:
    1. Aesthetic and visual impacts from construction and operation;
    2. Air quality impacts from construction, operation, increased 
vehicle and cruise ship emissions, and contributions to global warming 
and greenhouse gases;
    3. Biological impacts to marine and terrestrial plants and 
wildlife;
    4. Cultural resources, both historic buildings and structures and 
historic and prehistoric archaeology;
    5. Geological issues, including dredging and stabilization of fill 
areas in an area of known seismic activity;
    6. Hazards and hazardous materials related to existing and former 
activities that have contaminated soil and groundwater in the Port, or 
pose hazardous risks related to ongoing operations, and hazards and 
risk of upset due to terrorism;
    7. Hydrology and water quality from disturbance of sediment, 
increased cruise operations, and runoff from development;
    8. Noise from construction, existing and future operations, and 
increased traffic;

[[Page 77000]]

    9. Public services related to provision of fire, police, emergency 
response, and other public service agencies;
    10. Recreation related to impacting existing recreation, and the 
beneficial impact of providing new recreational opportunities;
    11. Traffic and transportation, including marine navigation and 
ground transportation;
    12. Utilities and services as a result of an increased demand for 
such services; and
    13. Cumulative impacts from past, present, and foreseeable future 
projects.
    4. Alternatives: Several alternatives are being considered for the 
proposed action. The Draft EIS/EIR will include a coequal analysis of 
the project alternatives considered. Alternatives being considered for 
the proposed project include an alternative development scenario, which 
includes one proposed cruise ship berth in the Outer Harbor, 
modifications to parking areas and transportation corridors, and 
optional locations for the Red Car Museum and maintenance facility; a 
No Project/No Action Alternative that would not implement any of the 
project elements; and a No Federal Action Baseline Alternative that 
would involve building the project without the water cuts and 
construction of the Outer Harbor Cruise Terminal, which require Corps 
permits. These alternatives will be further formulated and developed 
during the scoping process. Additional alternatives that may be 
developed during scoping will also be considered in the Draft EIS/EIR.
    5. Scoping Process: A Notice of Intent for the original project 
design, titled From Bridge to Breakwater San Pedro Waterfront and 
Promenade, was published in the Federal Register on August 8, 2005. 
Three public meetings were held to obtain public comments. The Corps 
permit application reflecting the new project design has since been 
submitted. A new public meeting will be held to receive public comment 
and assess public concerns regarding the appropriate scope and 
preparation of the Draft EIS/EIR for the modified project. 
Participation in the public meeting by federal, state, and local 
agencies and other interested organizations and persons is encouraged.
    The Corps of Engineers will also be consulting with the U.S. Fish 
and Wildlife Service under the Endangered Species Act and Fish and 
Wildlife Coordination Act, and with the National Marine Fisheries 
Service under the Magnuson-Stevens Fishery Conservation and Management 
Act. Additionally, the EIS/EIR will assess the consistency of the 
proposed action with the Coastal Zone Management Act and potential 
water quality impacts pursuant to Section 401 of the Clean Water Act. 
The public scoping meeting for the NOP/NOI will be held on January 23, 
2007 at the Crowne Plaza Hotel in San Pedro, located at 601 South Palos 
Verdes Street. Written comments will be accepted until February 28, 
2007.
    6. Availability of the Draft EIS: The Draft EIS/EIR is expected to 
be published and circulated in late Fall 2007, and a public meeting 
will be held after its publication.

    Dated: December 13, 2006.
David J. Castanon,
Chief, Regulatory Branch, Corps of Engineers.
 [FR Doc. E6-21897 Filed 12-21-06; 8:45 am]
BILLING CODE 3710-KF-P